Neelam v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 07.11.2024 Neelam

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Rohiteshwar Singh, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab.

*** SUMEET GOEL , J.

(Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No. 92 dated 01.09.2024 registered for offences punishable under Sections 137(2) and 87 of BNS, 2023, Police Station Sadar Gurdaspur, District Gurdaspur, Punjab. 2.

On 20.09.2024, the following order was passed:- "Apprehending her arrest in FIR No. 92 dated 01.09.2024 registered for offences punishable under Sections 137(2) and 87 of BNS, 2023, Police Station Sadar Gurdaspur, District Gurdaspur, Punjab; the petitioner has preferred this petition Section 482 of BNSS seeking pre-arrest bail.

Inter alia contends that petitioner is a lady aged 62 years, the son of the petitioner had a relationship with the victim and on this accord the son of the victim as also the victim have filed a joint protection petition (CRWP No. 8658 of 2024) which was disposed of vide order dated 06.09.2024 passed by this Court; no recovery is to be effected

from the petitioner & the petitioner is willing to join investigation and cooperate therein.

Notice of motion.

On asking of the Court, Mr. Adhiraj Singh, AAG, Punjab appears and accepts notice on behalf of the respondent-State. Adjourned to 07.11.2024.

The petitioner is directed to appear before the Investigating Officer on 25.09.2024 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to her furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. She shall abide by the condition(s) enumerated under Section 482(2) of BNSS, 2023."

3.

Learned State counsel, on instructions from ASI Bikram Singh, has stated that pursuant to the order dated 20.09.2024, the petitioner has joined investigation and is no longer required for custodial interrogation. 4.

Keeping in view the entirety of facts and circumstances of the case, especially the factum of petitioner having joined investigation and not being required for custodial interrogation, the present petition stands allowed and the interim order dated 20.09.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023.

5.

This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition

stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause.

7.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 07.11.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No